We’ve updated our on-line guide, the Social Security Tribunal, to reflect the changes outlined below. The guide can be found at: http://tinyurl.com/lym6spl

Notice of Readiness Eliminated

Because of an appeal backlog, the Social Security Tribunal (SST) has made changes to the way it processes appeals. As it may take up to 18 months to clear its backlog, the SST has eliminated the need for appellants to provide a Notice of Readiness within 365 days of filing an appeal. Instead, appellants can now provide additional information up to 30 days before any hearing date.

Hearing Information Form (HIF) Added

When the SST notifies the parties that it is ready to proceed with an appeal it will also ask them to complete a Hearing Information Form (HIF). The HIF asks parties to indicate if they have a representative, any witnesses, and whether they require a translator. It also asks the parties to indicate what type of hearing they would not participate in. The choices are: a) Written questions and answers (Hearing based on the written record); (b) Videoconference (at a Service Canada Centre); (c) Teleconference (by telephone); (d) Personal appearance of the parties (at a Service Canada Centre).

The SST will also ask the parties to provide dates when they may be unavailable for a hearing and which days of the week and times of day they would prefer a hearing to be scheduled.

Photo ID Required

Service Canada requires appellants to show photo ID before they are allowed to enter a Canada Pension Plan Disability (CPPD) hearing room.

Translation

Initially there was some uncertainty about whether the SST will provide translation services; however, SST’s website and HIF both indicate a translator will be provided if needed.

Legal Update

In a recent appeal decision L. L. v. Minister of Human Resources and Skills Development and A. C., 2013 SSTAD 12, the SST Appeals Division wrote:

[15]      To ensure fairness, the Appeal will be examined based on the Appellant’s legitimate expectations at the time of the original filing of the Application for Leave to Appeal with the PAB. For this reason, the Appeal determination will be made on the basis of an appeal de novo in accordance with subsection 84(1) of the Canada Pension Plan, R.S.C. 1985, c. C-8 (CPP or Plan) as it read immediately before April 1, 2013.

This decision is important for individuals who filed their appeal with the previous Review Tribunal before April 1, 2013. Under the previous legislation appellants had an automatic right to an in-person oral hearing before the Tribunal panel. If an appeal was filed before April 1, 2013 it could be argued that the reasoning in this decision be applied and that appellants can ask that their appeal be heard at an in-person oral hearing in accordance with the legislation in place when they filed their appeal. If appellants do not want an in-person oral hearing, they can also ask for a hearing based on the written record, by phone, or teleconference. Here’s a link to this decision on the Canadian Legal Information Institute’s (CanLII) website: http://tinyurl.com/pqv5sjc

Other News

The Ministry responsible for administering the Canada Pension Plan has had a name change. Formerly known as Human Resources and Skills Development Canada (HRSDC) the Ministry is now called Employment and Social Development Canada (ESDC).

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If you have any questions about the information in this Community Update, please call Peter Beaudin or Ashley Silcock at 604-872-1278 or toll-free at 1-800-663-1278.

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